Document Type
Article
Publication Date
2-2020
Journal Title
Cardozo Law Review
ISSN
0270-5192
Abstract
According to the conventional wisdom, the Supreme Court's 2009 decision in Ashcroft v. Iqbal discarded notice pleading in favor of plausibility pleading. This Article — part of a symposium commemorating the Iqbal decision's tenth anniversary — highlights decisions during those ten years that have continued to endorse notice pleading despite Iqbal. It also argues that those decisions reflect the best way to read the Iqbal decision. Although Iqbal is a troubling decision in many respects, it can be implemented consistently with the notice-pleading framework that the original drafters of the Federal Rules of Civil Procedure had in mind.
First Page
1057
Last Page
1080
Num Pages
24
Volume Number
41
Issue Number
3
Publisher
Yeshiva University Benjamin N. Cardozo School of Law
Recommended Citation
Adam N. Steinman,
Notice Pleading in Exile,
41
Cardozo L. Rev.
1057
(2020).
Available at:
https://scholarship.law.tamu.edu/facscholar/2021